Equitable distribution of 401k

[ndavis0028]

Are there circumstances that could allow exclusion of 401k funds in the equitable distributon process? Specifically, both spouses are professionals with access to employer savings and 401k plans. One spouse spends the bulk of their career job hoping because they don't want to resolve issues they create or encounter on the job. The other spouse urges for years and years for the one spouse to stop moving from job to job and participate in the savings opportunities. Twenty-seven years later (after four years of separation), the differences in 401k balances are substantial. Now the diligence of one spouse becomes the reward and backup plan for the other. Of course I do not feel this is fair under these circumstances. But as the attorney I have has stated, my "opinions" don't matter.
Thanks

[Attorney Howard Iken]

Absent other circumstances, your attorney is correct.

Attorney Howard Iken

[Cede]

I have the exact same story....I worked he played. Can I move to another state to avoid paying him half of my pension? He will have alot to live on since he got all my IRAs and when I reitre he will have more to live on than I will.

[Attorney Howard Iken]

Sorry but moving to another state will not defeat the jurisdiction of the court.